Breakthrough At Kent Station.

Market-net Ministries after praying, contacting the Kent Police, the Mayor, and the Deputy City Attorney, and patiently waiting for weeks, we now have the right and the freedom to preach the Gospel at the Kent Station. The following is a letter from City Deputy Attorney of kent, WA.
dArrell wArren, Thank you for your inquiry of March 2, 2006, in which you state in part:
I would very much like to preach at the New Kent Station. I'm directing this to you so that when I preach and pass out Gospel tracts, I do so within the bounds of the law. I know to stay well away from doorways and avoid blocking side walks. Please share with me any other particular guidelines and the laws concerning free speech in this area. The city has two ordinances that would apply to the activity that you wish to engage in. The first ordinance deals with the blockage of pedestrian traffic on the sidewalks and vehicular traffic on the streets. Kent City Code section 9.02.190, entitled "Disorderly conduct" states, "A person is guilty of disorderly conduct if he or she: . . . (3) Intentionally obstructs pedestrian or vehicular traffic without lawful authority . . . ." The code defines the phrase "obstruct pedestrian or vehicular traffic" as "to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic."
In light of this code section, as you acknowledge, obstructing pedestrian traffic is not permitted. Therefore, I would suggest that you refrain from setting up a display or placing any audio equipment on the sidewalk as it will more than likely obstruct the normal flow of pedestrians. This would include steering clear of points of entry and exit for businesses that abut the sidewalk. Also, you should position yourself so as not to interfere with a pedestrian's normal course of travel along the sidewalk.
The second ordinance relates to the volume (sound level) of your activity and the use of sound equipment. Kent City Code section 9.02.200, entitled "Public disturbance" states,
A. "A person is guilty of public disturbance if he or she:
(1) Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances . . .
c. Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property . . .
f. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities.
B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace.
With KCC 9.02.200 in mind, I would again suggest that you stay very clear of any entrances to businesses. I cannot, at this time, advise you of a specific number of feet from an entry way which would constitute a "safe harbor", because that would depend in part on the loudness of your voice. For example, if you yell extremely loudly within 15 feet of a doorway to a business, your activity may interfere with the "peace, comfort, or repose" of the business operators and their guests. Also, notice that in light of subsection (A)(f) of KCC 9.02.200, the use of the portable audio equipment is not permitted if it can be heard at a distance beyond 50 feet. Moreover, if you were to use the portable sound equipment, there would be a much greater chance that the peace, comfort, and repose of the business operator or their customers would be disturbed or interfered with which would be contrary to subsection (A)(c).
I am not aware of any designated free speech area at Kent Station. From an enforcement perspective, the above codes will be enforced in relation to activities that are conducted on the sidewalks and streets of Kent Station. This is where it gets a bit complicated. The City only has a property interest in the sidewalks and streets of Kent Station. Other areas outside of the sidewalks and streets are privately owned. Thus, Kent Station is not like Seattle's Westlake Center, as the outside area of Westlake Center is a public park and most of the outside area of Kent Station is private property.
In summary, if you are on the sidewalk, not obstructing pedestrian traffic, not interfering with the ingress and egress of customers, and not engaging in an activity that is so loud as to disturb or interfere with the peace, comfort, and repose of business operators or their guests (e.g. no amplification system), you should be fine. If you wish to engage in the described activity in a location not on the sidewalk or street, you should consult with the private property owner.
I hope that the above information helps guide your activity. Kent Station is a very peaceful location with many places to sit and enjoy ice cream or a cup of coffee. As the weather improves, I would suspect that more people will utilize the outdoor areas. As such, it is my hope and request that you engage in your activity with consideration of the desires of other patrons of Kent Station. Thank you for contacting the city with your request.
Arthur "Pat" Fitzpatrick Deputy City Attorney, City of Kent 220 Fourth Avenue South Kent, Washington 98032

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Letter to the Management of Kent Station

dArrell wArren
GNN Local Leader
Ipreach2@msn.com


Date 12/7/06


Mr. John Hind’s
Management Of Kent Station

Reference: Harassment while exercising our right to Freedom of Speech

Dear Mr. Hinds:

Are you aware that my team and I are being harassed and intimidated on a regular basis by your security officer, Patrick?

We have a God given, constitutional protected, First Amendment Right – Freedom of Speech.

This freedom speech includes the sidewalks of Kent Station. Every time we come to Kent Station to open air preach and share our faith through passing out gospel tracts, Patrick stops, interrupts, or stands directly next to us finding any excuse to antagonize us.

When I first came to Kent Station I checked with law enforcement and the City’s Deputy Attorney to find that the City of Kent owns the sidewalks at Kent Station and that we have 12 ft from the curb that we are allowed to preach and pass out gospel tracts, because this is public property.

Patrick has insisted that the footage was only 10 ft until a week ago when I challenged him; he then reluctantly admitted that it was indeed 12 ft and not 10 ft. Along with challenging our use of space, Patrick has insisted that we are not allowed on the private property of Kent Station, even though we regularly patronize the business. One of our members was seated on a bench having a private conversation with another member and Patrick came up and stood close enough to listen to the conversation to see what they were talking about. He finally said that they could not sit there because they were beyond the ‘12 ft’ limit. Another time someone was taking pictures and he said photos were not allowed because of some copy right law and that there was a $15,000 fine. He was unable to show any documentation when asked to prove what he was saying. Patrick has said to us, we are ‘not welcomed’ or ‘not wanted’ at Kent Station, and that he wishes we would ‘leave’.

Another time one of our team members was open air preaching while two other members were standing watching. Patrick again interrupted and said that they ‘could not go beyond the 12 ft from the curb’. This seems unreasonable seeing that all they were doing was watching someone preach.

Other team members have been asked to move as well when watching someone preach.

Patrick’s actions towards us are incorrect and illegal. We are being singled out and antagonized not because we don’t patronize the businesses, but because we are exercising our first amendment rights.

The First Amendment to the United States Constitution says: "Congress shall make no law...abridging the freedom of speech..."

The Fourteen Amendment says: "…nor shall State deprive any person of life, liberty, or property, without due process of the law..."

The Supreme Court has ruled that these two parts of the Constitution severely limit the power of federal, state, and local governments to interfere with speech activities on sidewalks, streets, and in parks.

John, I could provide you with a host of Supreme Court Cases, but I'll only note a few.

United States Supreme Court Cases: Hague v. C.I.O., 307 U.S. 496 (1939).
The United States Supreme Court held that citizens have a "guaranteed access" to streets, parks, and other "traditional public forum." The privilege to use the streets and parks for communication of views may be regulated in the best interests of all, but it must not, under the guise of regulation, be abridged or denied. The mere inconvenience to the government will not outweigh free speech interests. The government must use the least restrictive means of achieving legitimate, content neutral objectives.

Cantwell v. Connecticut, 310 U.S. 296 (1940).
Speech may not be prohibited merely because it offends some listeners.

Grayned v. Rockford, 408 U.S. 104 (1972).
Free speech expression may be regulated for noise content in appropriate places such as hospitals or schools while classes are in session. The general test is to ask whether the expressive activity is basically incompatible with the normal activities of a particular place at a particular time. Un-amplified speech is permissible for "street preachers" on public streets.

Kent City Code: 8.05.140 Other Exemptions.
The following shall be exempt from all provisions of KCC 8.05.090:10. Sounds caused by natural phenomena and un-amplified human voices.

It is our understanding that un-amplified, human voices, means the human voice without electronic amplification.

In America, citizens, police and city officials are still held to the legal standard that can be restated in the folk maxim: I may not agree with what you say but I will defend to the death, your right to say it. That is still the law in these United States. It is also true that I may be offended by what you say but I must protect your constitutional right to say it.

Witnessing, 'Street preaching', and distribution of free literature are constitutionally protected activities because they are ways citizens have always exercised their rights of free speech.


In closing, my point in writing this letter is to first to inform you how your security guard, Patrick, has been treating us while we are exercising our freedom of speech on public property at Kent Station; and second, to request a response from you as to whether Patrick is acting under your authority when dealing with us in the manner.

Mr. Hinds, I trust you will carefully consider the seriousness of the laws protecting freedom of speech and our desire to preach the gospel at Kent Station. I’m looking forward to hearing from you concerning your position and Patrick’s actions toward us in regard to our exercising our first amendment rights.

Thank you for your time and consideration in this urgent matter.

Sincerely,



Darrell Warren

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dArrell @ the Subway in LA